Føllesdal, Andreas (2017). Law making by law breaking? A theory of parliamentary civil disobedience against international human rights courts, In Matthew William Saul; Andreas Føllesdal & Geir Ulfstein (ed.),
The International Human Rights Judiciary and National Parliaments: Europe and Beyond.
Cambridge University Press.
ISBN 9781316874820.
13.
s 329
- 352
Full text in Research Archive.

The emerging international human rights judiciary (IHRJ) threatens national democratic processes and 'hollows out' the scope of domestic and democratic decision-making, some argue. This new analysis confronts this head on by examining the interplay between national parliaments and the IHRJ, proposing that it advances parliament's efforts. Taking Europe and the European Court of Human Rights as its focus - drawing on theory, doctrine and practice - the authors answer a series of key questions. What role should parliaments play in realising human rights? Which factors influence the effects of the IHRJ on national parliaments' efforts? How can the IHRJ adjust its influence on parliamentary process? And what triggers the backlash against the IHRJ from parliaments and when? Here, the authors lay foundations for better informed scholarship and legal practice in the future, as well as a better understanding of how to improve the effectiveness and validity of the IHRJ.

Føllesdal, Andreas (2016). 'Regional Human Rights Courts: protecting human rights or respecting state sovereignty - or both? The Margin of Appreciation Doctrine of the European Court of Human Rights as a model.

Føllesdal, Andreas (2016). Subsidiarity.

Føllesdal, Andreas (2016). The Soul of Europe in the Balance – the conflict between the ECtHR and the CJEU.

Føllesdal, Andreas (2016). The legitimacy of authorities in the multi-level global basic structure: the case of International Courts.

Føllesdal, Andreas (2015). Legitimation strategies of international courts: strategic bootstrapping, transitional justice in practice, cynical manipulation – or all of the above.

Føllesdal, Andreas (2015). On Effectiveness, Subsidiarity and the Margin of Appreciation.

Føllesdal, Andreas (2015). On the 'Emerging Consensus' Doctrine.

Føllesdal, Andreas (2015). On the relationship between authority and legitimacy.

Føllesdal, Andreas (2015). On the relationship between authority and legitimacy of international courts - Reflections on Alter-Helfer-Madsen: 'How context shapes the authority of international courts'.

Føllesdal, Andreas (2015). Review of Albert Weale: Democratic Justice and the Social Contract.